Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1887-01-20
Fortescue, except a light house.

The sand is collected by the grass on
the marsh; doesn't know that there
are several qualities Of sand washed up
ON the shore.
VIM. G. Nixon owner, sworn:-The
sand in question; knows the defendant
and had spoken to him about his TAX
ing the sand, and he, Nixon, had eau
toned him not to take the sand; read
memorandum made at conversa-
tion with Mr.. Ray, giving an estimate
of the quantity and value of sand re-
moved from the beach.
Cross examination by Mr. Westcott;
had heard that people has been taking
the sand for years; made the memor-
andum in the presence of Mr.. Ray; does
not own the Riparian right; has no
recollection that Ray claimed the right
of taking the sand
On re-examination- Ray down
to his son to get rid of him: would not
have sold the sand to Mr.. Ray because
the removal of the sand would be a
serious injury to his property by open
ing it to the encroachments of the sea.
The State offered in evidence the
deed of the property, and the decision
of the Vice Chancellor.
In presenting the defense, Judge
Westcott objected to the form of the
Indictment and discussed the legal as
Of hn NJ
sand that Capt. Ray took was shifting
sand and was always taken from be-
tween high and low water mark the
sand taken by the defendant, had no
premature bed it was constantly
shifting, deposit of one day may be
entirely washed away the next. The
sand belonged to nobody, and, there
for, it belonger to everybody. Capt.
Ray refused to pay for the sand be-
cause he thought he had as much
right to the sand as any one.
Capt. Ray said-Has been engaged
in carrying white sand for two years;
got the sand off the shore of Egg
Island; never got it twice from the
same place; always took it from be-
tween high and low water mark; any
sand from above high water mark is
valueless on account of grass and erif'.
stuff mixed with it. Supposed the
the sand was free; has known people
to get it for the past twenty years. Il
Il 49, i y i
not mean to defy Mr.. Nixon.
Cross-examined by Mr.. Hoagland-
Paid Mr.. milford 81 per load for
the same kind of sand; offered Mr.. W.
G. Nixon $400 for the privilege of
taking the sand before he knew that
Mr.. Nixon was really the owner of the
property on which the sand was de-
posted.
After listening to several other wit
nesses for the defence, the court adj
journed until @ Is p. III.
AFTERNOON SESSION.
The Court is now drawing to close
and slowly the attendance is falling
off. Yesterday there was quite body
Of curious ones, enough indeed to fill
the court room to its full extent, there
was not the manifest interest that the
glass house suit created.
All that remained to be done, in the
case of State VS.. Ray, when court con-
vened, was the summoning up of the
evidence by the counsel. Judge West
colt spoke in conversational tone,
but very effectively. He thought the
case belonged more properly in lower
court.
The argument of Mr.. Hoagland for
ing.
The next case called was that OF
State VS.. Morely; there was much
wrangling before that case was Sc
lected. Prosecutor Hoagland wanted
the Harris case moved, but neither the
accused nor his counsel were in court.
The jury in the case of State VS..
Clark, came in and returned verdict
of guilty of keeping a dlsorderly
house."
The case of State VS.. Morely is one
of assault, and halls from Vineland.
On the night of Nov. Sd, hast, Miss
Bertha G. Skillman was walking alone
on Lands avenue when she was as
sautled by, she claims, the defendant
The accused was represented by Mr..
Berault.
The first witness called for the State
was Miss Skillman. She told the story
of her assault in detail and with co
gency. She is a rather nice looking
young woman about eighteen years
old and looks amply capable of taking
care of herself. She had no personal
| acquaintance with Morely, but had
seen him several times. The facts of
the assault are, she was walking down
Landis avenue alone about eight
O'clock and the defendant came up
behind and taking her by the arm, ad-